Tag: immigration law

Arizona Turns Immigrant Workers into Criminals

Lawmakers in Arizona must believe the state’s law enforcement officers have too much time on their hands.

A bill passed by the legislature yesterday will make it a misdemeanor to be in Arizona without proper immigration paperwork. It also directs Arizona police to question anyone about their immigration status if they have reason to suspect the person is in the country illegally. Failure to produce the proper documents could result in arrest, a $2,500 fine, and up to six months in jail.

Making and enforcing immigration law is a federal responsibility. State and local police should focus their resources on preventing crime and apprehending real criminals who pose a danger to public safety.

Police in Arizona seem to agree. According to an Associated Press report,

[The bill] is opposed by police chiefs, who worry that the law would be too costly, that it would distract them from dealing with more serious problems, and that it would sow such distrust among immigrants that they would not cooperate with officers investigating other crimes.

The right response to illegal immigration should be to change our laws to expand opportunities for legal immigration. As our numerous studies have shown, a comprehensive immigration reform bill in Congress that included a robust temporary worker program would reduce illegal immigration, make the U.S. border more secure, and boost our economy.

Parties in Power Like National ID Systems

In a recent post, I noted how Department of Homeland Security secretary Janet Napolitano was “taking the national ID tar baby in a loving embrace.” Now the administration seems to be similarly embracing the E-Verify government background check system.

Starting September 8th, it will go forward with a Bush administration plan to require federal contractors to check their employees against federal databases. The E-Verify program is riddled with problems, and it will send many American workers and legal immigrants into Kafkaesque ordeals when they find they aren’t approved by the federal government to earn a living. Ultimately, “internal enforcement” of immigration law, which is what E-Verify is about, requires a biometric national identity system.

Wasn’t a Democratic administration going to be the antidote to the aggressive security-statism of the Bush administration? Well, no. Once in power, either political party will see merit in national ID systems. After all, a national ID gives the government direct regulatory control over individuals - and that’s a sweet sound to the powerful, regardless of political affiliation. This is why it was so interesting to see the left begin to embrace a national ID as it anticipated an Obama victory in November.

Parties in power like national ID systems.

U.S. Chamber on Electronic Employment Verification

The U.S. Chamber of Commerce has a new paper out on electronic employment verification systems. Using government estimates, it finds that operating a nationwide worker background check system would cost $10 billion a year.

The Chamber is no opponent of requiring employers to check workers’ immigration status – I oppose the policy, preferring to live in a free country – but the paper has a lot of information about the practical impediments to giving the federal government a say in every hiring decision.

It also gives the last word to my paper, Electronic Employment Eligibility: Franz Kafka’s Solution to Illegal Immigration. In the paper, I discuss a method for verifying work eligibility under the current immigration law without creating a national identity system. It’s possible, but highly unlikely. As I say in my paper:

Unless the federal government can accept the risk of error and is willing to commit to lasting employment eligibility rules, it will require any internal enforcement program to use databases and tracking rather than just issuing cards that prove eligibility to work and nothing more. It will push Americans toward a national ID and worker surveillance system.